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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXVIII: Limitation For Taking Cognizance Of Certain Offences

Section 516 BNSS: Exclusion of time in certain cases

Corresponding CrPC
Section 470 CrPC

Bare Act text

(1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

Explanation.—In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.

(4) In computing the period of limitation, the time during which the offender—

(a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or

(b) has avoided arrest by absconding or concealing himself, shall be excluded.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

In computing the limitation period, the time during which a person has been prosecuting with due diligence another prosecution against the offender, in a Court of first instance, appeal or revision, is excluded. This is only where it relates to the same facts and is prosecuted in good faith in a Court unable to entertain it owing to defect of jurisdiction or a like cause. Where institution of the prosecution is stayed by an injunction or order, the period of its continuance, the day it was issued or made, and the day it was withdrawn are excluded. Where notice of prosecution has been given, or previous consent or sanction of the Government or another authority is required under any law, the period of notice or the time for obtaining consent or sanction is excluded, excluding both the application date and the date of receipt of the order. The time during which the offender was absent from India or from any territory outside India under the Central Government's administration, or avoided arrest by absconding or concealing himself, is also excluded.

Chapter XXXVIII: Limitation For Taking Cognizance Of Certain Offences

  1. 513 Definitions
  2. 514 Bar to taking cognizance after lapse of period of limitation
  3. 515 Commencement of period of limitation
  4. 516 Exclusion of time in certain cases
  5. 517 Exclusion of date on which Court is closed
  6. 518 Continuing offence
  7. 519 Extension of period of limitation in certain cases